LB 535 — Summary
Overview
- Purpose: Strengthen and harmonize penalties for assault against frontline health and behavioral health workers, including health care professionals, and other public safety personnel when on duty or in health-related settings. The bill also clarifies and expands several related definitions and statutory cross-references within the Nebraska Criminal Code.
- Introduced: January 22, 2025
- Prime sponsor: Senator Kathleen Kauth
- Committee/Support: Judiciary; Chair of hearing: Senator Carolyn Bosn
- Hearing: Notice of hearing set for February 12, 2025
What the bill does (key provisions)
- Penal enhancements for assaults on protected workers
- Adds heightened penalties for assault against certain individuals in health care or behavioral health settings, including:
- Officers/public safety officers
- Health care workers and health care professionals
- Frontline behavioral health providers (as defined by the bill)
- Department of Health and Human Services employees when applicable
- Creates or harmonizes first, second, and third degree assault offenses for these categories, with penalties aligned to the level of offense (and in some cases escalating from existing classifications).
- The enhancements are triggered when the offense occurs while the victim is on duty or performing official duties (or on duty at a hospital/health clinic, etc.).
- Expanded definitions to support enforcement
- Defines key terms for consistency across sections:
- Behavioral health facility
- Emergency care provider (including EMS personnel and related roles)
- Frontline behavioral health provider
- Health care worker and health care professional
- Public safety officer
- Health care facility and hospital
- Cross-reference and harmonization
- Amends and harmonizes several statutes within the Nebraska Criminal Code, notably sections 28-929, 28-929.01, 28-930, 28-931, and 28-931.01, to ensure consistent application of the enhanced penalties.
- Repeals certain provisions to align with the new structure (including outright repeal of section 28-931.01, and related changes to other sections).
- Pregnant victim enhancement (related provision)
- Increases penalties for offenses against pregnant women under certain listed crimes when applicable, maintaining the framework of escalating penalties for aggravated assault scenarios (as part of the broader penalty enhancement approach).
Who is affected
- Public safety officers (peace officers, etc.)
- Health care workers and health care professionals (on duty or at health facilities)
- Frontline behavioral health providers (and employees at behavioral health facilities)
- Emergency care providers and EMS personnel
- Department of Health and Human Services employees when implicated
- Individuals who commit offenses against these protected categories, with enhanced penalties depending on degree (first, second, or third)
Timeline and procedural notes
- Bill number: LB 535
- Status: Notice of hearing scheduled for February 12, 2025
- Next steps: If advanced, the bill would progress through committee discussion, potential amendments, and floor votes, with a final enacted form subject to passage and signature.
Bottom line
LB 535 aims to deter and punish assaults more severely against health care workers, frontline behavioral health providers, and related public safety personnel by codifying enhanced penalties, clarifying protected roles, and aligning related statutory provisions within the Nebraska Criminal Code.
